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Old Dec 25, 2009, 6:40 am
  #29  
jkhuggins
 
Join Date: Nov 2008
Posts: 3,657
Originally Posted by QUERY
Regarding the 1st bullet, [...] if the pax has lost the ability to talk calmly with the LEO, it certainly would be possible that the pax could be charged with disorderly conduct. That's why it is important for the pax not to take it personally and talk it out rationally with the STSO.
And that's why it's more important that the TSO doesn't provoke the passenger into that level of anger in the first place.

Originally Posted by QUERY
Regarding the 2nd bullet, testimony is not always fact. A good LEO is aware of this.
And if the passenger happens to draw a bad LEO ... then what? Passenger is SOL again. Again, if the TSO hadn't provoked the situation, the LEO doesn't have to become involved at all. The LEO is a wild card.

Originally Posted by QUERY
Regarding the 3rd bullet, construed is a legal term. The LEO would have to arrest you first and that's not going to happen if the LEO has no evidence a law was broken. If the LEO did, and the courts dismissed the charge, you could turn around and sue for wrongful arrest.
Too little, too late. The passenger has already lost time, money, and dignity in the process of being arrested, all over something trivial.

Originally Posted by QUERY
Regarding the 4th and 5th paragraphs, you're describing a worst-case scenario. If you are calm, if you explain what happened to the LEOs, and if you listen to what they have to say and cooperate with any requests they make, there is nothing they can charge you with. Look at the case of the guy with the $4700. Listen to the half-hour conversation. While I'm sure he had a personal agenda, he handled himself extremely well. He was threatened by both a TSA STSO and a LEO but he prevailed, because he had not broken any laws. They had to release him.
In the meantime, he certainly was massively inconvenienced ... he almost certainly missed his flight, and had an uncomfortable experience while under pseudo-arrest in a private room. Meanwhile, it's unclear what, if anything, happened to the TSO in question. Hardly a "victory", in my opinion.
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